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Home My WebLink About4792 Contract Number: 4792 Vendor: COMMUNICATION ARTS INC � Subject: Design Services - PSNS Memorial Plaza Department: Econ Devel File Class: LEG 12-1 Begin Date: 02/04/2009 End Date: 12/31/2009 Review Date: 02/15/2011 Vault Date: O1/O1/2011 Comments • I � � � s � I ! I �� i � I - i M j � I � t _ J 1 e e @ comm1;lt~:s) AUTHORIZATION FOR PROFESSIONAL SERVICES DATE: February 2,2009 CLIENT: Gary Sexton, City of Bremerton PROJECT NO: 2630.103 PROJECT: Puget Sound Naval Shipyard Memorial Plaza Additional Services SCOPE Of SERVICES: Professional services include design refinement and intent drawings, sample and finish review and artwork production time for the items outlined below. One trip is included, should the client wish to include additional trips this will be invoiced on a time and materials basis. 1.0 Memorial Plaza Interpretive Panel Development. Review and Coordination Com mArts will work directly with the City of Bremerton to provide design development, review Fabricator shop drawings and sample submittals and coordination time as required to ensure quality control through the completion of the project. This time will be provided on an as-needed basis as requested by the City. CA Fee $ 3,000 2.0 USS South Carolina Endplate Graphics Com mArts will work directly with the City of Bremerton ~o design and coordinate the graphics to be featured on the steel plate cap on the open end of the ship bow that will serve as the centerpiece of the memorial plaza. With photography and caption text provided by the City, Com mArts will layout and produce scale drawings, design requirements and provide coordination time as required to work with a Fabricator chosen by the City for its installation/application. Final approval of the applied graphics will be by the City. CA Fee: $ 1,000 D ~~~DVl~ ~ MAR - 9 2009 iU rJot5- C~ Communication Arts, Inc. > 1112 Pearl Street Boulder, CO 80302 USA> TEL 303.447.8202 FAX 303.440.7096 , . e e 3.0 Site Visit CommArts will send a design representative to the Fabricator's shop for progress quality review before or during installation, or to the memorial plaza site for a celebratory visit at its opening ceremony. Fees outlined below are for a one-day visit for one staff member. Reimbursable expenses are not included and will be billed in addition. CA Fee: Travel Time CA Total Design Fee: $ 1200 $ 900 $6,100 Please note that reimbursable expenses and direct costs will be invoiced in addition to professional fees, as detailed on the following page. , r~ . _ e ~ COmm~1rlt~ I. FEE SAN 0 COM PEN S AT ION A. Fees CommAn:s Incorporated (CAI) professional fees are provided on a fixed fee basis. Long distance travel time is billed at one-half the standard hourly rate. B. Reimbursable Expenses Reimbursable expenses are invoiced in addition to the fee for services and shall include actual expenditures made in the interest of the project. Transportation and other travel-related expenses are billed at cost. Direct expenses such as computer output, color copies, courier services, fabrication, printing, photography, long distance, consultants, etc., are invoiced at cost plus 15% for administrative handling. Mileage is billed at the allowable rate established by the IRS, now set at _$0.585 cents per mile. C, Additions or Changes CAI will endeavor to perform professional services for the fees which have been outlined in this Work Authorization. However, if CAI is requested to make any additions or revisions to schedules, specifications. design parameters or any form of project implementation. or if changes are caused by strikes, fabricators' price increases, or other causes not within the control of CAI, Client shall pay CAI in accordance with CAl's hourly rates. Additional work beyond the scope of work defined herein shall be approved in advance by Client. D. Delays If a project is delayed for more than one month, CAI reserves the right to renegotiate professional fee estimate in order to accommodate the additional stop/start time. E. Opinion of Probable Cost Since CAI has no control over construction/fabrication costs, the estimates of cost for the project provided for herein are made on the basis of experience and qualifications. They represent the best judgments of design professionals familiar with the construction/fabrication process, but cannot and do not guarantee that proposals, bids or the project construction/fabrication costs will not vary from prepared cost estimates II. PAY MEN T Initial payment of $_N/A is required upon execution of the Authorization. This payment will be credited to the final billing under the Authorization. Monthly payments are due upon receipt of the invoice. Payment not received within 30 days of the invoice date will bear interest at the rate of one percent (1.0%) per month until paid. The provision for the payment of interest shall not be construed as authorization for late payments. Client's failure to make timely payments shall be cause for suspension of services. No materials produced during the project will be released, and no license, copyright or patents relating to the project will be granted until full payment has been received. CAI shall be entitled to reimbursement of all costs actually incurred in collecting overdue accounts under this contract, including and without limitation, legal fees. III. G ENE R A L T E R M S A. CAI is prepared to begin this program immediately upon approval of the terms put forth in this Authorization. This Authorization for our services is valid for 30 days from the date shown above. This Authorization is subject to renegotiation if acceptance is not made within 30 days. The fees and terms shall remain in full force and effect for one year from the date of signature of this Authorization, and shall be subject to revision at that time, or any time thereafter, if CAI gives written notice to the other party at least 60 days prior to the requested date of revision. . In the event that the parties fail to agree on new rates, either party may terminate this Authorization by giving the other party seven days written notice. Client's submission of any purchase order after its receipt of this Agreement shall constitute Client's acceptance of the tenns and conditions of this Agreement, whether or not this Agreement is formally executed by Client. If any purchase order submitted by Client purports to vary or supplement the terms and conditions of this Agreement. the terms and conditions ofthis Agreement shall nonetheless remain applicable, and no provision of such purchase order (other than the order for services ordered therin) shall be applicable or binding upon the parties, unless such term or condition is specifically agreed to in writing by CAI. COM M UN 1 C AT ION A RT S.I N COR P 0 RAT E 0 ~r~ Name: Janet A. Martin Title: President Date February 2, 2009 Date: February 2. 2009 Job No 2630.103 Page: B. Termination This Authorization may be terminated by either party by giving written notice of default to the other party should the other party commit fraud or fail substantially to perform its obligation in accordance with the terms hereof through no fault of the sending party. The receiving party shall have 7 days from receipt of the notice of default in which to correct or remedy such default. If the default remains uncorrected after this 7 day period, this authorization shall terminate. In the event of termination, CAI shall be paid compensation for all services performed to termination date, including reimbursable expenses then due and all terminal expenses. C. Publicity Accurate credit is required whenever the project is published or exhibited. Specific written authorization is required for all publicity which utilizes CAI's name in connection with project promotion. D. Ownership of Documents As instruments of service, all documents, including original drawings, finished artwork (including art boards and/or electronic artwork on disk), estimates, specifications, field notes, photographs, and data are and remain the copyrighted property of CAI. Reuse of project documents for extensions of the project, or for new projects, shall require written permission of the copyright owner, CAI, and shall entitle CAI to further compensation at a rate to be agreed upon by Client and CAI. Further, if Client reuses artwork, plans and/or specifications at any other time or in any other location, and/or for any purpose other than the project covered under the Authorization, Client shall hold CAI harmless from and against any claims for loss or damages resulting from failure, omission. or application of the aforesaid artwork. plans and specrfications to accommodate any particular conditions encountered in connection of such reuse. Client agrees to allow CAI reasonable use of all documents, drawings, photographs and all other materials generated during the term of this Authorization in CAl's marketing materials. E. Authorization for Printing and Production Client is responsible for checking design, layout and typography -- including dimensions, accuracy, spelling, punctuation and copyright -- in final artwork or documentation. Artwork released for printing or production at the request of Client without signature of approval and authorization to proceed will be the sole responsibility of Client. In any case, Client agrees to indemnify and hold CAI harmless for any claims resulting from errors or omissions in artwork or documentation. Futher. Client is aware that written copy, illustrations, photographs, stock photographs or other original artwork developed for or used by Client may contain copyrighted material owned by persons or entities other than CAI. In the event Client uses copyrighted material without first obtaining permission, and a claim is made by the owner against CAI as a result, Client shall indemnify CAI against all claims and expenses incurred by CAI including attorney's fees incurred by CAI in defense of such claim. F. Relationship CAI is an independent contractor for Client. This agreement shall not be deemed to create a partnership, joint enterprise or employment between the parties. G. Successors and Assigns Client and CAI each binds himself and his partner, successors. executors, administrators and assigns to the other party of this Authorization and to the partners. successors. executors, administrators and assigns of such other party, in respect to all covenants of this Authorization and to the partners, successors, executors, administrators and assigns of such other pal~q, in respect tQ all covenants of this Authcrization; except as above, nelther Client nor CAI will assign, sublet or transfer his interest in this Authorization without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto, nor shall it be construed as giving any right of benefits hereunder to anyone other than Client and CAI. a,. .t? H. Di5pUt~l!1 the event either party brings suit to enforce any p visions ~ agreement, the.prevailing party shall be entitled, in addition to damages. reasonibJe-ano-,. I es. de~si . nses and other court costs in connection with the suit. Th e or any from this agreement shall be i tate of Colorado. In no instance will the liability CAI excee total of fees-for-services paid to CAl by Client during the term of this reement. I. Entirety of Agreement This writing contains the entire agreement between the parties. The validity, performance, construction and effect of this agreement shall be governed by the laws of the state of Colorado. CLIEN~ ' By: ~_ /~ Name: (Yr~ 5' €-,~rm-J Th~ C(~fJhqfl/~ Date ( ) .!//fl ~ iJ~